Section 27-827. REOPENING AND RECONSIDERATION  


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    827.1  An applicant or respondent may file a motion for reconsideration with the Commission, based on new evidence, misapplication of law, or misstatement of a material fact within ten (10) days after the date on which the applicant or respondent was served with the Commission's decision.

     

    827.2  The motion for reconsideration shall be in writing and shall state the following:

     (a)  The matters of record alleged to have been erroneously decided;

     (b)  The grounds relied upon; and

     (c)  The relief sought.

     

    827.3  If a motion under this section is based wholly or partially on new evidence, the new evidence or arguments shall be set forth in an affidavit which verifies that the petitioner could not with due diligence have become aware of the new evidence prior to the Commission hearing.

     

    827.4  The government may file a response to a motion to reconsider and the Commission may decide a motion to reconsider without a hearing.

     

    827.5  The Commission may reopen a hearing where an applicant or respondent has failed to appear at a scheduled hearing, provided that the applicant or respondent submits a motion in writing setting forth good cause for the applicant’s or respondent's failure to appear.  The failure to report a change of address pursuant to this chapter does not constitute good cause.

     

    827.6  A motion to reopen a hearing shall be filed within ten (10) days of the date of the hearing.

     

    827.7  Neither the submission nor the granting of a motion under this section shall operate as a stay of a decision unless so ordered by the Commission.

     

    827.8  The failure of the Commission to issue an order in response to a motion under this section within thirty (30) days of the submission of the motion shall constitute a denial of the motion.

     

     

authority

Section 2372 of the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005 (Act), effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.72)(2009 Supp.) and Mayor’s Order 2009-58, dated April 15, 2009.

source

Final Rulemaking published at 39 DCR 9052 (December 4, 1992); as amended by Final Rulemaking published at 56 DCR 8439 (October 23, 2009), incorporating by reference text of Proposed Rulemaking published at 56 DCR 5622, 5642 (July 10, 2009).